HomeMy WebLinkAbout027691 RES - 05/13/2008RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE A MULTIPLE USE AGREEMENT WITH TXDOT FOR A
DRAINAGE CULVERT ON FM 763 (JOE MIRUER ROAD)
ASSOCIATED WITH CORPUS CHRISTI INTERNATIONAL
AIRPORT TAXIWAY REHABILITATION AND DRAINAGE PHASE
VI PROJECTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute a Multiple
Use Agreement with the Texas Department of Transportation (TXDOT) to allow
for the construction, operation and maintenance of a drainage culvert within the
State's right of way on FM 763 (Joe Miruer Road) associated with Corpus Christi
International al Airport Taxiway Rehabilitation and Drainage Phase VI Projects.
ATTEST:
Armando Chapa
City Secretary
APPROVED AS To FORM:
Veronica Ocatias
Assistant City Attorney
for City.Attorney
CITY OF CORPUS CHRISTI
WALLA. A I Ai 1
4
nry Garr r tt
Mayor
027691
H;1LE -DI kVe onica \ .E l \1 AGENDA ITEM 5\08\051308\051308 E .TXD TmuIti-use for drainage
culvert on FM 763.doc
41
?j )ayof
2008.
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel]
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
41,14
A/(01,k
H: LE - II iV r ni a \1 ENGVI AGENDA ITE 1 8\051308\051308 I E _T C Tmulti-use for drainage
culvert on FM 763.doc 027691 2 OF
IMEELEY
EMMY
City of
Corpus
Chiisti
ENGINEERING
SERVICES
PBox 977
Corpus Christi
Texas 78469-9277
Phone 361-880-3500
Fax 361-880-3501
wwwicctexaszom
April 23, 2008
Martin Horst, P.E.
Texas Department of Transportation
7707 South Padre Island Drive
Corpus Christi, TX 78417
Re: Multiple Use Agreement —Drainage Culvert — FM 763 (Joe Mireur Road)
Dear Mr. Horst:
Please find enclosed two executed Agreements for the referenced project.
Exhibits A. B, and C were delivered under separate cover by Michael Lawrence,
P.E. to TXDOT. The Exhibits are in the possession of Robert G. Isassi.
This project is necessary for drainage improvements at Corpus Christi
Intemational Airport. The project is being fully funded by the Federal Aviation
Administration and Gity of Corpus Christi,
Thank you for your assistance with this project. Please feet free to call me if you
have any questions.
Sincerely,
I./A:5/04V
Kevin Stovers
Assistant Dir. - Engineering Services
xc: Fred Segundo, CCIA Director
Ralph Zapata, P.E., CCIA
Roel Rodriguez, CCIA
Michael Lawrence, P.E., PGAL
ArImo
gbp.mmir
Form 2044 (Rev 01108)
(G D -EPC)
Pepe 1 of
STATE of TEXAS
COUNTY of TRAVIS
MULTIPLE USE AGREEMENT
THIS AGREEMENT made by the State of Texas by and between the Texas Department of
Transportation, hereinafter referred to as "State", party of the first part, and
The City of Corpus Christi, Texas , hereinafter called
The City , party of the second part, is to
become effective when fully executed by both parties.
WITNESSETH
WHEREAS, on the 26 day of February , 20 08 , the governing
body for the
City entered
into Resolution/Ordinance No.
reference, authorizing the City
this agreement with the State; and
hereinafter identified by
DarticiDation in
WHEREAS, the City has requested the
State to permit the construction, maintenance and operation of a public
Drainage Culvert on the highway
right of way, (General description of area)
FM 763, Joe Mireur Road, approximately 2400 LF Southwest of Bear Lane.
shown graphically by the preliminary conceptual site plan in Exhibit 'A* and being more specifically
described by metes and bounds of Exhibit "", which are attached and made a part hereof; and
WHEREAS, the State has indicated its willingness to approve the establishment of such facilities
and other uses conditioned that the City
will enter into agreements with the State for the purpose of determining the respective responsibilities of the
City and the
State with reference thereto, and conditioned that such uses are in the public interest and will not damage
the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the
highway facility, all as determined from engineering and traffic investigations conducted by the State.
Form 2044 (Rev. 01108)
Page 2 of 8
&RET
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it
is agreed as follows:
1. DESIGN AND CONSTRUCTION
The City
will prepare or provide for the
construction plans for the fadlity, and will provide for the construction work as required by said plans at
no cost to the State. Said plans shall include the design of the access control, necessary horizontal
and vertical clearances for highway structures, adequate landscape treatment, adequate detail to
ensure compliance with applicable structural design standards, sufficient traffic control provisions, and
general layout. They shall also delineate and define the construction responsibilities of both parties
hereto. Completed plans will be submitted to State for review and approval and when approved shall
be attached to the agreement and made a part thereof in all respects. Construction shall not
commence until plans have been approved by the State. Any future revisions or additions shall be
made after prior written approval of the State.
2. INSPECTION
Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration
personnel and State Forces and equipment when highway maintenance operations are necessary,
and for inspection purposes; and upon request, all parking or other activities for periods required for
such operations will be prohibited.
The state auditor may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds
directly under the contract or indirectly through a subcontract under this contract acts as acceptance of
the authority of the state auditor, under the direction of the legislative audit committee, to conduct an
audit or investigation in connection with those funds. An entity that is the subject of an audit or
investigation must provide the state auditor with access to any information the state auditor considers
relevant to the investigation or audit.
3. PARKING REGULATIONS
Parking regulations shall be established limiting parking to single unit motor vehicles of size and
capacity no greater than prescribed for 11/2 ton trucks, such vehicles to conform in size and use to
governing laws. Parking shall be permitted only in marked spaces.
'Parking shall be prohibited when a security threat, as determined by TxDOT, exists.
Form 2044 (Rev. 01108)
Page 8
4. PROHIBMONISIGNS
Regulations shall be established prohibiting the parking of vehicles transporting flammable or explosive
loads and prohibiting use of the area in any manner for peddling, advertising or other purposes not in
keeping with the objective of a public facility. The erection of signs other than those required for proper
use of the area will be prohibited. All signs shall be approved by the State prior to the actual erection.
. RESPONSIBILITIES
Maintenance and operation of the facility shall be entirely the responsibility of the
City . Such responsibility shall not be transferred,
assigned or convey d to a third party without the advanced written approval of the State. Further,
such responsibility shall include picking up trash, mowing and otherwise keeping the facility in a clean
and sanitary condition, and surveillance by police patrol to eliminate the possible creation of a
nuisance or hazard to the public. Hazardous or unreasonably objectionable smoke, fumes, vapor or
odors shall not be permitted to rise above the grade line of the highway, nor shall the facility subject
the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any kind,
including rain or snow.
t
6. FEES
Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient
to defray the cost of construction, maintenance and operations thereof, and shall be subject to
State approval.
7. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein granted to both parties to terminate this
agreement upon notice, and upon the exercise of any such right by either party, all obligations herein
to make improvements to said facility shall immediately cease and terminate.
8. MODIFICATION/TERMINATIONOF AGREEMENT
11 in the sole judgment of the State it is found at any future time that traffic conditions have so changed
that the existence or use of the facility is impeding maintenance, damaging the highway facility,
impairing safety or that the facility is not being properly operated, that it constitutes a nuisance, is
abandoned, or if for any other reason It is the State's judgment that such facility is not in the public
interest, this agreement under which the facility was constructed may be . 1 modified if corrective
measures acceptable to both parties can be applied to eliminate the objectionable features of the
facility; or (2) terminated and the use of the area as proposed herein discontinued.
Form 2044 (Rev. 01108)
Page 4 of 8
9. PROHIBMON OF STORAGE OF FLAMMABLE MATERIALS
Alt structures located or constructed within the area covered by the agreement shall be fire resistant.
The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be
a potential fire hazard shall be subject to regulation by the State,
10. RESTORATION OF AREA
The City shall provide written notification to the State
that such facility will be discontinued for the purpose defined herein. The City
shall, within thirty (30) days from the date of said
notification, clear the area of all facilities that were its construction responsibility under this agreement
and restore the area to a condition satisfactory to the State.
11. PREVIOUS AGREEMENTS
it is understood that this agreement in no way modifies or supersedes the tears and provisions of any
existing agreements between the parties hereto.
12. INDEMNIFICATION
TIO
The CRY acknowledges that it is not an
agent, servant or employee of the State, and that it is responsible for its own acts and deeds and for
those of its agents or employees during the performance of contract work.
Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability
by claiming its governmental immunity.
When notified by the State to do so, the other party hereto shall within thirty (30) days from receipt of
the State's written notification pay the State for the full cost of repairing any damages to the highway
facility which may result from its construction, maintenance or operation of the facility. and shall
promptly reimburse the State for costs of construction and/or repair work made necessary by reason
of such damages.
Nothing in this agreement shall be construed as creating any liability in favor of any third party against
the State and the City . Additionally. this agreement shalt not ever be
construed as relieving any third party from any liability against the State and the
City but the
City shall become fully subrogated to the State and
shall be entitled to maintain any action over and against the third party which may be liable for having
caused the city to pay or disburse any sum of money
hereunder.
Form 2044 (Rev_ 01108)
Page 5 of 8
13. INSURANCE
The City shall provide necessary safeguards to
protect the public on State maintained highways including adequate insurance for payment of any
damages which might result during the construction, maintenance and operation of the facility
occupying such airspace or thereafter, and to sure the State harmless from damages, to the extent of
said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State's
right of way, the City '5 construction contractor
shall submit to the State a completed insurance form (TxDOT Form No. 1560) and shall maintain the
required coverage during the construction of the facility.
14. USE OF RIGHT OF WAY
It is understood that the State b ► execution of this agreement does not impair or relinquish the State's
right to use such land for highway purposes when it is required for the construction or re -construction
of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be
construed as abandonment by the State of such land acquired for highway purposes, and the State
does not purport to grant any interest in the land described herein but merely consents to such use to
the extent its authority and title permits.
15. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway purposes. The
City shalt be responsible for obtaining such additional consent,
permits or agreement as may be necessary due to this agreement. This includes, but is not limited
to, appropriate permits and clearances for environmental, ADA and public utilities.
16. FHWA ADDITIONAL REQUIREMENTS
If the Facility is located on the Federal -Aid Highway System, "ATTACHMENT A", which states
additional requirements as set forth in the Federal HighwayAdministration's Title 23. Code of Federal
Regulations, § 710, shall be attached to and become a part of this agreement.
17. CIVIL RIGHTS ASSURANCES
The City , for itself, its personal
representatives, successors and interests and assigns, as part of the consideration hereof, does
hereby covenant and agree as a covenant running with the land that: (1) no persons, on the
grounds of race, color, sex, age, rational origin, religion or disabling condition, shall be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use
of said facility; (2) that in the construction of any improvements on, over or under such land and the
furnishing of services thereon, no person on the ground of race, color, sex, age, national origin,
religion or disabling condition, shall be excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination; (3) that the
Form 2044 (Rev. 01/08)
Page a16
City shall use the premises in compliance
with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21. Ion -discrimination in
Federally -Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
That if in the event of any breach of the above non-discrimination covenants, the State shall have the
right to terminate the agreement and reenter anct repossess said land and the facilities thereon, and
hold the same as if said agreement had never been made or issued.
18. AMENDMENTS
Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by
a written amendment executed by both parties hereto.
19. LEGAL CONSTRUCTION
In case one or more of the provisions contained in this agreement shall for any reason be held invalid,
illegal or unenforceable in any respect, such invalidity, illegality or unenforceablltty shall not affect any
provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable
provision had never been contained in this agreement.
20. NOTICES
All notices required under this agreement shall be mailed or hand delivered to the following respective
addresses:
STATE
(Mailing Address)
Texas Department of Transportation
Maintenance Division
125 East 11th Street
Austin, Texas 78701-2483
(Name of outer party)
(Mailing Address)
The City of Corpus Christi
Kevin Stowers, Interim Director of Engineering Services
1201 Leopard Street, 3rd Floor - Corpus Christi, Texas 8469-9277
21. WARRANTS
The signatories to this agreement warrant that each has the authority to enter into this agreement on
behalf of the party represented.
List of Attached Exhibits:
Exhibit A - General Layout
Exhibit 8 - Metes and Bounds Description
Exhibit C - Approved Constmction Plans
Exhibit D - Certificate of Insurance (TxDOT Form 1560)
Exhibit E - Attachment A (FHWA Additional Requirements)
Fonn 2044 (Rev. 01/08)
Page 7of8
IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the
20 and the State on the
By:
on the
ame of other party)
Interim Director - Engineering Services
Title
Kevin R. Stowers
day of ,
day of , 20
Printed Name
04/21/08
Date
Ap • oved as to tow[:..
-Aisistant City Attorney
For Gity Attorney
STATE OF TEXAS
Executed and approved for the Texas
Transportation Commission for the purpose and
effect of activating and/or carrying out the orders,
and established policies or work programs
heretofore approved and authorized by the Texas
Transportation Commission.
By:
-- -
r
Director, Maintenance Division
Printed Name
Date
APPROVAL RECOMMENDED:
District Engineer
Printed Name
Date
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HETES BOUNDS
PARCEL 1
6.514 ACRR TRACT
BINS A TRACT OF LAID CONTAINING 6.514 ACRES LOCATED IN 'FHE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, AND BEING OUT OF AND PART OF TRACT'2 OF THE
SUBDIVISION Or THE MARGARET KELLY LAND AS HN ON THE PLAT THEREOF RECORDED IN
VOLUME 8, PAGE 40 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING FURTHER
OUT OF AND PART OF THAT CERTAIN CALLED 15.929 ACRE TRACT 2-1A SHOWN ON THE MAP
ENTITLED "SUBDIVISION OF TRACT HO. 2 OF MARGARET KELLY FARM LAND BY CECILIA
TELLY" RECORDED AT VOLUME 7, PAGE 247 OF THE MISCELLANEOUS MAP RECORDS OF
NUECES COUNTY, TEXAS, WITH AN UNDIVIDED 6.877% INTEREST IN SAID TRACT 2 -IA
HAVING BEEN CONVEYED BY MARY ELIZABETH ZUBERBUELER TO EACH OF EMIL MARTIN
ZUBERBUELER, JOHN ULRICH ZUBERBUELER, JR., PATRICK KELLY ZUBERBUELER, AND
MATTHEW HAW ZUBERBUELER BY GIFT DEED RECORDED AT DOCUMENT NUMBER 1996049363 OF
THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS, SAID 6.514 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (BEARINGS IN
THIS DESCRIPTION ARE REFERENCED TO THE BEARING OF NORTH FOR THE WEST LINE OF
TRACT 2 OF THE AFOREMENTIONED SUBDIVISION OF THE MARGARET TELLY LAND, ALSO,
THE SET 3/4" IRON RODS WITH PLASTIC CAPS REFERRED TO IN THIS DESCRIPTION HAVE
THE FOLLOWING STAMPED ON SAID CAPS: MGM, INC. RPLS 84743)
SINNING at a 5/8" iron rod found for the common northwest corner of said
Tract 2,Tract 2--1A and the 6.514 acre tract herein described, said corner being
a call of South a distance of 2,677.12' from the center line of Kosar Road;
Tom, East, along the common north line of said Tract 2 and Tract 2 -IA, a
distance of 508.63' (call distance . 508.64') to a 3/4" iron rod with plastic
cap set for the northwest corner of that certain called 15.024 acre tract of
land conveyed for drainage ditch right-of-way purposes by Cecilia Kelly to the
City of Corpus Christi, Texas, a Municipal Corporation, by instrument recorded
at Volume 1055, Page 560 of the Deed Records of Nueces County, Texas, said iron
rod also marking the northeast corner of the 6.514 acre tract herein described;
THENCE, S 00' 02' 20" E, leaving the north line of said Tract 2 along the
westerly line of said drainage ditch right-of-way (210' wide), a distance of
44.04' to a 3/4" iron rod with plastic cap set for a point of curvature of a
curve to the left, said iron rod bearing S 89° 37' 50" W a distance of 209.54'
from a found iron T -bar;
Tom, continuing along said westerly line and curve to the left possessing a
central angle of 42" 02' 20', a radius of 367.04' and a chord bearing
S 21" 03' 30" E - 263.30', a distance of 269.30' to a 3/4" iron rod with
plastic cap set for a point of tangency;
THENCE, S 2* 04' 40" E, continuing along the westerly line of said drainage
ditch right-of-way, a distance of 266.35' to a 3/4" iron rod with plastic cap
set for the southeast corner of the 6.514 acre tract herein described, said
iron rod bearing N 42° 04' 40" W a distance of 557.83' from a 3/4" iron rod
with plastic cap set along said westerly line for the southeast corner of said
Tract 2-1A;
SCE. N 88° 31' 7" W, leaving the westerly line of said drainage ditch
right-of-way, a distance of 782.02' to a 3/4" iron rod with plastic cap set
along the common west line of said Tract 2 and Tract 2-1A for the southwest
corner of the 6.514 acre tract herein described, said iron rod bearing North a
distance of 434.12' from the southwest corner of said Tract 2-1A and North a
distance of 2,208.66' from a 5/8" iron rod found for the southwest corner of
said Tract 2;
Tom, North, along the common west line of said Tract 2 and said Tract 2-1A,
a distance of 467.35' to the POrNT OF BEI Nim and containing 6.514 acres
(283,144 square feet) of land.
This description has been prepared in conjunction with an exhibit of like date
of the subject 6.514 acre tract. Also, this description is based on an actual
on the ground survey performed under the supervision of Steven L. Guy, R, P . I#. S,
No. 4743.
flb
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CML • !NORTH - 2.677.12`
TO t. Cf KOSAR ROAD
POINT OF BEGINNING
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SEE MOTE •2
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T Y& I.R.
5.514 ACRES
(283.744
5 OW 02'20"
44.04'
N 1391'37'50" E 209.54
ICALC, CALL N 89.5743'' E
2t0.001
FWD. NON T}B+Nt
ati • 426 02'20"—
R • 367.04'
L • 259.30' SCALE! 111.200'
CHD • 263.301
CHD 8R • 5 216 03'30" L
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PARCEL 2
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LEGEND
N 85.31'37" W 967.01'
F, '' tR. SEARING
11 SP 59'58" 4M - 0.0111
PARCEL 3
5.372 ACRES
SET re I.R.
N 119* 59'55" W 1155.58'
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O.P.1t.Mi.C.T.OFFICIAL P'IJSLLC RECORDS OF
LR. IRON ROO
L.P. y IRON PPE
MNP RECORDS Of !O US COUNT 1y
.
TEXAS
M.M .# .C.T. NOCELLA/40W WP RECORDS 0f
MACES CITY. TERAS
NOTES
1. TIC SEARS REFLECTED ON THis coma Aft REFTRocco
TO TIC ARDS or WORTH FOR THE WEST LINE OF TNT 2
OF IHE SUMMON Of THE IIA*GAl ? KELLY LAM 11S OCCATIED
OH TNL PLAT THEREOF RECORDED GI vOLWE 3 PACE 40 Of
lit go RECORDS Of lag= COUNTY. TES.
24 TIF[ Ye' IJP ROOS SHOWN AS SENO SET HEREON HAVE PLASTIC
CAPS WITH THE FOLLOWING STAMPED Chi S CAPSt
MK I.
RPLS • 4743
5 42' 04'40" E
733.51'
NV. r I.P.
0.23' Li.
3. QED ON CALCULATIONS ONO THE CEQJ TRIC DATA CONTAINED
1N THE DEED RECORDED AT VOLUME MSS. PACE S60 Of 71KE DEED
RECORDS OF DACES COUNTY, ThrAs, 1!E PIOWf NWEST CORNER
01' TIC DRADIADE DITCH *1014T-Of•WAY TAXING FROM TRACT 2 Of
THE SUDDIVERDPI OAF THE I#AROARE T KELLY LAND IS LOCATED EAST
A D1STAKE 0f 506.63*FROM THE NORTHWEST CORM OF SAS
TRACT 2. SAID CORM ALSO THE NORTHWEST CORNER OF TRACT
2.1A.
4. DIS SURVEY VAS PREPARED WITHOUT THE Y+ U17 F A TITLE
REPORT. �NAS 7 f #Rlc to 5 CT
PRIVERT 1y .
EXHIBIT OF 6.514 ACS. OUT OF
TRACT 2-1A AS SHOWN ON MAP
RECORDED AT VOL. 7, PG. 247
M.M.R.N.C.T.
*_
.
STEVEN GUY
7r."""1"1137"-.0 474.;
194:1600 ...seott
Martinez, Guy & Maybk Inc.
2470 Grow Fdls Cr,. Stito ete Tom 77077 1,281) 679-0335
Civi/Structural �' Land Surrying
3 08
HETES & POUNDS
PSI 2
4.015 ACME TRACT
BEING A TRACT OF LAND CONTAINING 4.015 ACRES LOCATED IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, AND BEING OUT OF AND PART OF TRACT 2 OF THE
SUBDIVISION OF THE MARGARET KELLY LAND AS SHOWN ON THE PLAT THEREOF RECORDED IN
VOLUME 8, PAGE 40 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING FURTHER
/OUT OF AND PART OF THAT CERTAIN CALLE�/F
CALLED ' 1 .929 ACRE TRACT -IA SHOWN ON HE MAP
ENTITLED "SUBDIVISION OF TRACT NO. 2 V�y MARGARET KELLY FARM LAND BY CE ILIA
KELLY" RECORDED AT VOLUME 7, PAGE 247 OF THE MISCELLANEOUS MAP RECORDS OF
NUECES COUNTY, TEXAS, WITH AN UNDIVIDED 6.877% INTEREST IN SAID TRACT 2 -IA
HAVING BEEN CONVEYED BY MARY ELIZABETH ZUBERBUELER TO EACH OF EMIL MARTIN
UBERBUELER, JOHN ULRIC # ZUBERBUEL R, JR., PATRICK KELLY ` UBERBUELER, AND
MATTHEW HAW ZUBERBUELER BY GIFT DEED RECORDED AT DOCUMENT NUMBER 199604 9363 OF
THE OFFICIAL PUBLIC RECORDS Of NUECES COUNTY, TEXAS, SAID 4.015 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS (BEARINGS IN
THIS DESCRIPTION ARE REFERENCED TO THE BEARING OF NORTH FOR THE WEST LINE OF
TRACT 2 OF THE AFOREMENTIONED SUBDIVISION OF THE MARGARET KELLY LAND. ALSO,
THE SET 3/4" IRON RODS WITH PLASTIC CAPS REFERRED TO IN THIS DESCRIPTION HAVE
THE FOLLOWING STAMPED ON SAID CAPS;_ MGH INC. RPLS 14743i
COMMENCING at a 5" iron rod found for the common northwest corner of said
Tract 2 and said Tract 2-1A, said corner being a call of South a distance of
2,677.12' from the center line of Kosar Road;
THENCE, South, along the common west line of said Tract 2 and said Tract 2-1A,
a distance of 467.35' to the northwest corner and POS Or BEGINNING of the
4.015 acre tract herein described;
SCE, S 88° 31' 37" E, leaving the common west line of said Tract 2 and said
Tract 2-1A, a distance of 782.02' to a 3/4" iron rod with Plastic Gap seL along
the westerly line of that certain called 15.024 acre tract of land conveyed for
drainage ditch right -of -war purposes by Cecilia Kelly to the City of Corpus
Christi, Texas, a Municipal Corporation, by instrument recorded at Volume 1055,
Page 560 of the Deed Records of Nueces County, Texas, said iron rod marking the
northeast corner of the 4.015 acre tract herein described;
THENCE, S 4° 04' 40" E, along the westerly line of said drainage ditch right-
of-way, a distance of 275.95' to a 3/4" iron rod with plastic cap set for the
southeast corner of the 4.015 acre tract herein described, said iron rod
bearing N 42° 04' 40" W a distance of 281.88' from a 3/4" iron rod with plastic
cap set along said westerly line for the southeast corner of said Tract 2-1A;
Tom, N 88* 31' 37" W, leaving the westerly line of said drainage aitch
right-of-way, a distance of 976.01' to a 3/4" iron rod with plastic cap set
along the common west line of said Tract 2 and Tract 2-1A for the southwest
corner of the 4.015 acre tract herein described, said iron rod bearing North a
distance of 234.05' from the southwest corner of said Tract -1A and North a
distance of 2,008.59' from a 5/8" iron rod found for the southwest corner of
said Tract 2;
Tom, North, along the common west line of said Tract 2 and said Tract -1A,
a distance of 200.07' to the POINT or BEGINS and containing 4.015 acres
(174,903 square feet) of land.
This description has been prepared in conjunction with an exhibit of like date
of the subject 4.015 acre tract. Also, this description is based on an actual
on the ground survey performed under the supervision of Steven L. Guy, R. P.L. S.
No. 4743.
•
if
c
g
0
1.4
I
N
CALL - NORTH fa, 2.677.12'
TO CM.F KOSAR ROAD
POINT OF 1 COMMENCING
CONTROL MONUMENT)
T)
EAST N B
CCS DIST..500,641
SET ye" LR,
PARCEL 1
6.514 ACRESI
MAR
IL SET y'+'
04 A
POINTOFAC I 5;s)
BEGINNING .t 7 �s
sti
,.,.'`
Ar
E3
vIts,
0
LEGEND
I.R.
LP.
#. C.T.
! .irilR.P&C.T.
0
N
SET '#12.
5 68' 31'37" E 782.02'
PARCEL 2
4.015 ACRES
(174,903 S.F.)
ries. - LR. BZJI PIO
N SIP 5110.1 W 0.08`
5 '0220" E
44.04'
N 88' 37'50" E 208.84`
(CALL. CALL - N 89 57'13"
210.00'1
F �
kiP e644141:4AN
vt)., %yr+ ckai_
-.1..sigiffisr,.?
TL
iTYP.1 441
*0 GIPde,3 IA.0)40%iv 14.1„, doSe_kfP'1\1
rwo.*ON r -OAR
4 42' 02'20"-
R • 367.04'
L • 269.30'# SCALE' 1"'•200'
CHD • 263.30'
CHD BRAG * S 21°03'30"
L ;iET Al-
. 0 r•pG to mill
G' 31'37" W *- 967.01'
PARCEL 3
5.372 ACRES
H QIP' '" W 1 155.58'
00.
•
BET ye Lit.
.
MOLL • wcrr - 1.5i.3
in
1Fk ?G*
B. SCT Vis
IFND. " ItR. REIwR4r+
-( NG AD
Z-3
ACto 0.1401 -„IG
pbr
Etc. ' i. R. 4131.#1m40
W0
CONTROL MONtit1E NT l
win& PLIC RECORDS Of
IA ECES COUNTY. TEX
RON ROD
IRON PPE
IMP
s Q
CORDS or Cs cowry,
TEXALLJ SOUS W? RECORDS OF
NUECES COUNTY. TEXAS
NOTES
1. THE REARMS kD LXCTID y N Ti CXKBIT kECEAENCE0
TO THE SUMO NC #T.R FOR THE V4UT LK 0r TRACT 2
OF THE SLISOmemoN 0r viit NAROARE1 KELLY LAID. A14 ENOKATED
ON T1( PLAT THERE MIMEO 21 VOLLIke 41,PAOE 40 OF
THE kW' RECOROS OT HUMS COUNTY. TEXAS.
2. TA Ye iRON ROOS SI4OWN AS BEai0 SET HEREON KAVE RAMC
CAPS MK TKE POLLDwNC STAI420 ON SAO CPS.
MON.
RM4S • 4743
01"
I1 88' S#"S4- W /.1r)
0
S 42'04'40" 1 -J
753.51'
.1"LP.
0.23' LT.
3. EASED ON CM.CLLAT#O1 S USW THE CCOUETRIC DATA CONTM)ED
1
14 DEE0 RECORDED Al YOW% 105S. PAGE 30O Of TPC DEED
CE
RECORDS 0r K COUNTY. MAS. ?IC NORTHWEST CORMER
OF THE DRQ 01011 R IO IT.OT -+RAY MING G FROM TRACT 1 OF
THE SUSOIY540N OF ME mAROME1 KELLY LAID 5 LOCATED UST
A 01$T»(0? 000.03•FROM T1( NORTHWEST CORNER
R OF O
3�1CT 2. AyyCORNER ALSO 11.1 T# T �►ORNER TR
•
4. THS SURVEYRIAS P PPMED mow ow DIEtom or A TIU,C
ORT. THE SuRVEYOR NASNOT TR { i 7NE SMUT
PROPERTY,
EXHIBIT OF 4.015 ACS. OUT OF
TRACT 2-1A AS SHOWN ON MAP
RECORDED AT VOL. 7, PG. 247
M.M.R.N.C.T.
Martinez, Guy & Maybik Inc.
2470 Gray Fdb Dr,, L8n 0 Twat 77077 (28b 679-0336
i
9
r/Structural Encjneerhg & Land Surveying
TES BOUNDS
PSL
5.372 ACNE TRACT
BEING A TRACT Of LAND CONTAINING 5.372 ACRES LOCATED IN THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, AND BEING OUT OF AND PART OF TRACT 2 OF THE
SUBDIVISION OF THE MARGARET KELLY LAND AS SHOWN ON THE PLAT THEREOF RECORDED IN
VOLUME 8, PAGE 40 Of THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING FURTHER
OUT OF AND PART OF THAT CERTAIN CALLED 15.929 ACRE TRACT 2 - IA SHOWN ON THE MAP
ENTITLED "SUBDIVISION OF TRACT NO. 2 OF MARGARET KELLY FARM LAND BY CECILIA
KELLY" RECORDED AT VOLUME 7, PAGE 247 OF THE MISCELLANEOUS MAP RECORDS OF
NUECES COUNTY, TEXAS, WITH AN UNDIVIDED 6.877% INTEREST IN SAID TRACT 2-1
HAVING BEEN CONVEYED BY MARY ELIZABETH ZUBERBUELER TO EACH, OF EMIL MARTIN
+UBERBUELER, JOHN iLRICH ZUBERBUELER, JR., PATRICKZU
KELLY B RBUELER, AND
MATTHEW HA.Y ZUBERBUELER BY GIFT DEED RECORDED AT DOCUMENT NUMBER 1996049363 OF
THE OFFICIAL PUBLIC RECORDS OF NUCS COUNTY, TEXAS, SAID 5.372 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (BEARINGS IN
THIS DESCRIPTION ARE REFERENCED TO THE BEARING OF NORTH FOR THE WEST LINE OF
TRACT 2 OF THE AFOREMENTIONED SUBDIVISION OF THE MARGARET KELLY LAND. ALSO,
THE SET 3/4" IRON RODS WITH PLASTIC CAPS REFERRED TO IN THIS DESCRIPTION HAVE
THE FOLLOWING STAMPED ON SAID CAPS: MGM, INC. RPLS 44743)
COmmENCING at a 5/8" iron rod found for the common northwest corner of said
Tract 2 and said Tract 2-1A, said corner being a call of South a distance of
2,677.12' from the center line of Kosar Road;
THENCE, South, along the common west line of said Tract 2 and said Tract 2-1A,
a distance of 667.42' to the northwest corner and P+orRT Or BEGINNING of the
5.372 acre tract herein described;
TI, 88° 31' 37" E, leaving the common west line of said Tract 2 and said
Tract 2-1A, a distance of 967.01' to a 3/4" iron rod with plastic cap set along
the westerly line of that certain called 15.024 acre tract of land conveyed for
drainage ditch right-of-way purposes by Cecilia Kelly to the City of Corpus
Christi, Texas. a Municipal Corporation, by instrument recorded at volume 1055,
Page 560 of the Deed Records of Nueces County, Texas, said iron rod marking the
northeast corner of the 5.372 acre tract herein described;
THUM, S 426 04' 40" E, along the westerly line of said drainage ditch right-
of-way, a distance of .281.88' to a 3/4" iron rad with plastic cap set for the
common southeast corner of said Tract 2-1A and the 5.372 acre tract herein
described;
THENCE, 14 896 59' 56" h1, leaving the westerly line of said drainage ditch
right-of-way along the south line of said Tract 2-1A, at a distance of 2.21'
pass a found 5/8" iron rod, continuing in all a total distance of 1,155.58'
(call = West - 1,156.39') to a point along the west line of said Tract 2 for
the common southwest corner of said Tract 2-1A and the 5.372 acre tract herein
described, said iron rod bearing S 896 59' 56" E a distance of 0.06' from a
found 5/8" iron rod and North a distance of 1,774.54' from a 5/8" iron rod
found for the southwest corner of said Tract 2;
THENCE, North, along the common west line of said Tract 2 and aaid Tract 2-1A,
a distance of 234.05' to the POINT OF CLING and containing 5.372 acres
(234,010 square feet) of land.
This description has been prepared in conjunction with an exhibit of like date
of the subject 5.372 acre tract. Also, this description is based on an actual
on the ground survey performed under the supervision of Steven L. Guy, R. P. L. S .
1o. 4743.
44
F.
1
A n
cc t
N
•
Ln
CALLNORTH -2.677.12'
TO CIL Of KOSAR ROAD
ACAnTioxi
,
POINT k COMMENCING
ceNirROL mOKAiDiT)
E'
m Kat HD. 3)
[CALL DIST.*.D411
SET +4' I.
SET Yr I.R.
PARCEL 1
8.5i4 ACRES ART � f�
W`
5 006 02'20" E
44.04'
N 691'37'50" E 209.54'
CCALC. CALL •N 8S• 5713 E
210.00')
FAV.010N T•DAli
Fl AC0, osogrlis.,
voo.P%ALL •
zul3V6R936
ccc ti;nk c>
itt
R'‘).
Neqr'
qt,1?.
Ittti itt, 1'04)4
5p+Q
426 0220" --
R
2'20" -'R - 357.04`
L • 269.0' SCALEt 1"•200i
CFD • 263.30'
Cl D BRG • S 21' 03'30" E
. L
il,. TRACI 001141s
poder
5 OP 31'37" E 782.02'
0 POINT OF
EGI WING
T "I
nm. " 1 R. DEA DID
N eO- SSS" w - 0.04'
SET 4" I.R.
PARCEL 2
4.015 ACRES
5 B • 31'37" E 967.01'
PARCEL 3
5.372 ACRES
(234,010 S.F.)
SET )r
SEE NOTE .2
N B ' 59'56" W I.155.58' .,.
(CALL• VEST �. sa.
r11# Ao
Ina FSR.0EM240
" N 1111'5014' w 2.211
R ro.er IF&G
P
NOTES
\)N
ttt,
nm. "1.0.taLiANG
CONTROL UDNLINENT1
LEGEND
DE.R.R.N,C.T.
OFFIOLN.
MAX RECORDS
Or
NIECES COAT T. TEXAS
1RO■
ROD
LP. 0 i
A PPE
Irk.R,1+L..1. MSP RECORDS OF MACES COUNTY,
TEXAS
i�LM.R.IM1.O.
LISOELLANEOUS MAP RECORDS Dr
pazcEs CDUWTY, TEXAS
5 42'04'40"
753.51'
F. 1" LP.
0.23' LT.
1. liC DEARNOS WrLECTED OH THis EXHIBIT ARE REFERENCED
TO THE WANG Of NORTH FOR THE WEST LINE OF TRACT 2
01 THE WOOMSAD61 Or THr wa041R'EU KEILY Luc. AS ese4cATED
ON THE PLAT TICREbr RECORDED IN VOLS 8. PAGE 40 OF
THE EMAP RECORDS or I+UECESi COUNTY. TEXAS.
2_ THE re. IRON RODS SAN AS BEDIC SET HEREON DIANE PLASTIC
CAPS WITH THE FOLLOWIND TAMPED ON SAD CAPS'
NC.
RPLS • 4743
. BASCO 011 CALCULATIONS IVSD THE 0EOh(F01C DATA CONTAINED
W THE MO RECORDED AT MAME 1055, PAS 560 OF TFIE DEED
PE O*DS OF locCES COUNTY. TEXAS. THE NORTHWEST COMER
Or THE Oikormar DITCH NIGHT -or -WAY MONO FROM TRACT or
IKE SUBIRASION Of Ti's MAROMET KELLY LAND IS LOCATED EAST
A 1:411P 80$' FROM THE NORTHWEST CORNER OF SND
TRACT 2,SAID CORNER ALSO THE NORTHWEST CORNER Of TRACT
4. Tie SURVEY WAS PREPARED WITHOUT THE B Mr'IT 0, A TITLE
REPORT. THE SURVEYOR HAS NOT ABSTRACTED THE QCT
PROPERTY.
EXHIBIT OF 5.372 ACS. OUT OF
TRACT 2-1A AS SHOWN ON MAP
RECORDED AT VOL. 7, PG. 247
M.M.R.N.GT.
Martinez, Guy & Maybik, Inc.
2470 Gray Fdb Cr.,Stite Fixaton, Texas 77077 12a0 679-0335
CW/Structird En h erhg & Land Surveying
s pro A; daft, #p #dam
SYX3
11SIWO SildH03 10 A110
i 173F73AVHdv* J c I. on) € HDI i O
JASad 3 + IIVIJO 0131Jt11v
ONV UNIIHDJ /3OVN I AvhU YI
J MIXYI
civ IvieureaiNI Mien
L
4,0,14/;:.
f •
4Coget..}.V....bAb1' Inns.ttOtdal eJ
litOotiarp
P+a si=t
Cityof
Corpus
Christi
HUMAN RESOURCES
PO Box 9277
Corpus Christi
Texas 78469-9277
Phone 361-826-3300
Fax 361-826-3322
Health Benefits
Fax 361-844-1730
Risk Management
Phone 361-826-3680
Fax 361-826-3697
www.cctexa .com
April 23, 2008
Texas Department of Transportation
Maintenance Division
125 East 11th Street
Austin, Texas 78701-2483
To Whom It May Concern::
This will serve as confirmation that the City of Corpus Christi is self-funded for
liability risks including but not limited to; auto liability and auto physical damage,
property damage, general liability, liability of public officials and, liability for
money/securities to the current budgeted allocation of $3.3 million. The City is self-
funded under Chapter 504, Workers' Compensation Insurance Coverage for
Employees of Political Subdivisions of the Labor Code, to the current budgeted
allocation of $2.8 million, with fully insured excess coverage. The City's Liability
and Employee Benefits Fund has an additional estimated $7.8 million.
Due to our self-funded status, the City is unable to name other entities as additional
insureds. Please feel free to contact me if you have any questions regarding this
information. l can be reached at 361-826-3739.
Sincerely,
Donna James -Spruce
Safety & Risk Manager
f JS vlt